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The U.S. Supreme Court dismissed an appeal by a group of states seeking to defend the Trump-era public charge rule, leaving in place a lower court ruling that they could not intervene in the case. U.S. Citizenship and Immigration Services (USCIS) will continue to enforce its pre-Trump public charge rules and pursue rulemaking to formalize longstanding policy.
Key Points:
BAL Analysis: The Supreme Court’s ruling maintains the status quo and means that USCIS will continue not enforcing the 2019 public charge rule. It is important to note that the Court did not weigh in on the legality of the Trump-era rule. In a concurring opinion, Chief Justice John Roberts emphasized that the Court was not ruling on the merits and the decision has no bearing on how the Court will treat any pending or future litigation on this issue. USCIS continues to conduct public charge inadmissibility determinations consistent with its 1999 Interim Field Guidance. BAL will continue to provide updates on developments relating to the public charge ground of inadmissibility.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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